Summary of Agreements

Consensus Building Workshop on the National Land Use Act and the New
Emancipation Act
Facilitated by the Presidential Legislative Liaison Office
22 September 2022
Manila Hotel

NATIONAL LAND USE ACT

All participating agencies expressed their support in the passage of the bill and
expressed no objections on most of the proposed contents thereof subject to
the following comments on some contentious provisions:

Chapter 1, Section 2, item (m) [Declaration of Policies and Principles]

m)   Respect for and recognition and protection of NCIP: include NEDA
the rights of the Indigenous Cultural the provisions agree
Communities/Indigenous Peoples (ICCs/IPs) to given by the s
their ancestral domains, compliance with Free, Prior Constitution
and Informed Consent (FPIC) of ICCs/IPs as well as and IPRA
recognition of customary laws and sustainable
traditional resource use and management,
indigenous knowledge systems, and practices in
ancestral domains; and

Chapter 2, Section 4, item (g) [Definition of Terms]

g)    “Ancestral Domain” refer to all areas NCIP: Include NEDA

generally belonging to ICCs/IPs subject to property "ancestral agrees.
rights within ancestral domains already existing land" in the
and/or vested upon the effectivity of RA 8371 or the definition of
Indigenous Peoples Rights Act (IPRA) of 1997, terms
comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs by
themselves or through their ancestors, communally
or individually since time immemorial, continuously
to the present, except when interrupted by war,
force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects
or any voluntary dealings entered into by
government and private individuals, corporations,
and which are necessary to ensure their economic,
social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned
whether alienable or disposable or otherwise,
hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural
resources, and lands which may no longer be
exclusively occupied by ICCs/IPs but from which
they are traditionally had access to, for their
subsistence and traditional activities, particularly
the home ranges of ICC/IPs who are still nomadic
and/or shifting cultivators;

Chapter 4, Section 4, item (j)

j)      “Coastal Area/Zone” refers to a band of dry LLDA: LLDA will

land and the adjacent ocean space (water and include a submit
submerged land) in which terrestrial processes and proposed their
uses directly affect oceanic processes and uses, definition proposed
and vice versa. Its geographic extent may include for definition
areas within a landmark limit of one (1) kilometer "shoreland"
from the shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps,
estuarine rivers, sandy beaches and other areas
within a seaward limit of 200 meters isobath to
include coral reefs, algal flats, seagrass beds, and
other soft-bottom areas. For purposes of initiating
and implementing sustainable coastal resources
protection and management, it shall include
foreshore lands;

Chapter 3, Section 5

SEC. 5. National Physical Framework Plan. - The DOF asks NEDA

National Land Use Committee (NLUC), reconstituted to be agrees.
in Section 14 herein, shall formulate and periodically deleted
update a National Physical Framework Plan (NPFP) as
that defines the urban, rural and regional member
development in the country. The physical framework of the
plan shall promote the following objectives: (a) global NLUC.
competitiveness of the national urban system that is
fully integrated with the rural areas; (b) employment
and inclusive growth; (c) sustainable use of land and
water resources; (d) protection of environmentally-
critical areas and prime agricultural lands; (e)
sustainable communities; (f) effective social service
delivery; (g) safe food production and distribution
efficiency; (h) historic and heritage preservation and
recognition of ancestral domains; and (i) disaster
risk reduction (DRR) and climate change adaptation
(CCA). The NPFP shall have a timeframe of 30 years,
to be reviewed and updated every 10 years. The
policies prescribed in the NPFP shall be integrated
into the Philippine Development Plan (PDP) and the
Public Investment Program.

Chapter V, Article 1, Section 14

SEC. 14. Reconstitution of the National Land Use NCIP duly

Committee (NLUC). – The National Land Use requests to noted by
Committee under the NEDA Board is hereby be part of NEDA
reconstituted as the highest policy making body on the
land use. It shall integrate efforts and monitor committee.
developments relating to land use. It shall
harmonize land use policies between and among
agencies and ensure that such policies are aligned
with the development goals and objectives of the
country.

Chapter V, Article 1, Section 16, item (d) [Powers and functions of the
NLUC]

d)    Decide and resolve land use policy conflicts DOJ: this DOJ will
among agencies of the national government; may submit a
counter proposal
the DOJ to
and OGCC improve
functions. the
See PD provision.
242 as
amended.

Chapter V, Article 1, Section 18

SEC. 18. Offices, Units and Staff Support. - The DOF asks NEDA
Regional Development Staff of the NEDA Central for said
Office shall continue to provide core secretariat deletion of they've
services to NLUC. On the other hand, the provision. already
respective NEDA Regional Offices shall provide the deleted
core secretariat services to the RLUC. Other the
agencies may be called on for support as needed. provision.

Chapter V, Article 3, Section 23, item (e)

The jurisdiction of the Human Settlements DAR: To be
Adjudication Commission as defined under include in discussed
Chapter IV, Sections 15-20 of RA 11201 or the the in a small
DHUSD Act, is hereby amended to include cases contentiou group
involving disputes on the conversion of s issue to meeting
agricultural lands. In relation to this, the Human be with
Settlements Adjudication Commission as is addressed. concerned
renamed as the Land Use and Human Settlements agencies.
Adjudication Commission.

Chapter V, Article 4, Section 25 [Responsibilities of the National

Government Agencies and LGUs]

As a result of forest boundary delineation and DENR: NEDA

assessment, alienable and disposable lands with see agreed.
slopes of eighteen percent (18%) and above which DENR's
have not yet been enacted by Congress may be proposal
reclassified as forest lands which shall have containe
restricted use for public interest in consideration of d in their
environmental and hazard risk mitigation. In the position
event that said alienable and disposable lands are paper
titled prior to the approval of this Act, a new title (not yet
shall be issued by the DENR to incorporate signed as
provisions, to be defined by DENR, relating to the of Sept.
application of disaster/hazard mitigation measures, 22, 2022)
such as soil and water conservation measures,
effective vegetation cover, and other related
measures.

Chapter V, Article 4, Section 27

SEC. 27. Delineation and Mapping of Hazard-prone NCIP NEDA

and Vulnerable Areas. - Within two (2) years upon the asks to Agrees
effectivity of this Act, the BSWM, MGB, FMB, DENR- be given
Ecosystems Research and Development Bureau, access
PHIVOLCS, PAGASA, DOE, and NAMRIA, in to the
coordination with the National Disaster Risk data.
Reduction and Management Council, the Regional
Disaster Risk Reduction and Management Councils,
the Climate Change Commission, and other
concerned government agencies shall delineate and
continuously update the geo-hazard, vulnerable area,
hydrometeorological hazard maps and the
corresponding geospatial data.

Chapter V, Article 4, Section 30

SEC. 30. National Land Resource Information NCIP wants NEDA

and Management System. - The NAMRIA shall to be agrees.
establish a national land resource information included in
and management system shall also (a) integrate, the
process and share information on land use and coordination
allocation generated by the various national .
government agencies; (b) define information
requirements at various levels; and (c) ULAP asks to
standardize information inputs and outputs be included
including scales and symbols used in territorial in the
and sectoral maps. The system shall be coordination
developed in coordination with DHSUD, DA, as well.
DAR, DENR, DILG, NEDA, League of Provinces,
League of Cities, League of Municipalities and
other concerned national government agencies.

Chapter VI, Article 1, Section 34 [Forest Lands, Watershed Reservations

and National Parks]

SEC. 34. Establishment and Management of See NCIP for

National Parks. – All areas proclaimed by the position consideration
President and Congress under the NIPAS paper for
pursuant to RA 7586 as amended by RA 11038 exact
including those identified initial component of wordings
the NIPAS, shall comprise the National Parks (not yet
classification of the public domain. The DENR signed as
and concerned LGUs shall ensure that such of Sept
areas are integrated in the CLUP and physical 23,
framework plans; Provided however, that the 2022)
preparation of management plans of protected
areas/national parks shall be in accordance with
the provisions of RA 7586 as amended by RA
11038 and other laws establishing or declaring a
specific area as permanent component of the
NIPAS.

Chapter VI, Article 1, Section 39

SEC. 39. Protection of Waterways DSHUD proposes NEDA agrees.

Easements and Flood Plains. - for an additional
Structures of any kind shall not be built lines, per
in waterways easements. The banks of position paper
rivers and streams and the shores of which
the seas and lakes throughout their recommends:
entire length and within a zone of 10
meters in urban areas, 20 meters in "Setbacks along
agricultural areas and 40 meters in beach fronts
forest areas, along their margins, are allow for natural
subject to the easement of public use cycles of sand
only in the interest of recreation, movement and
navigation, floatage, fishing and storm surge that
salvage. prevent property
damage. It also
provides for
beach
preservation,
reduction of
coastal erosion,
and improved
access and views
for beach users
and property
owners. A 25-
meter setback
known as the
salvage zone
shall be
implemented in
all coastal areas
in the country.
No permanent
structures shall
 be allowed
within the
salvage zone."

Chapter VI, Article 4, Section 46 [Agricultural Lands]

SEC. 46. Priority Areas for DHSUD emphasizes  Duly

Agricultural Development. - agencies should agree and noted
Priority areas for agricultural determine which areas may
development are those covered by or may not undergo
the Comprehensive Agrarian reclassification and
Reform Program (CARP) and the conversion.
SAFDZ as defined in the in Section
4 of this Act. DHSUD: Efficient data
sharing amongst agencies
should be addressed.
Landbank: no need for a
new law, the process of
land conversion can easily
be addressed via EO.

Chapter VI, Article 4, Section 47

SEC. 47. Reclassification of Agricultural DHSUD: A clear  Duly

Lands. - LGUs may reclassify agricultural process of land noted
lands to non-agricultural uses subject to use
the limits set forth under Sec. 20 of the reclassification
LGC, as follows: a) 15 percent of the total should be
agricultural land area for highly urbanized determined.
and independent component cities; b) 10
percent of the total agricultural land area
for component cities and first to third class
municipalities; and c) five percent of the
total agricultural land area for fourth to
sixth class municipalities; Provided, that
reclassification shall only be allowed during
the preparation or updating of the CLUP
and shall be reflected in the CLUPs/
PDPFs; Provided further, that the that the
total agricultural land area where the limits
for reclassification apply shall be based on
the total area of lands zoned as agricultural
at the time of the ratification of the CLUP/
PDPFPs by the DHSUD.

Chapter VI, Article 4, Section 48

SEC. 48. Conversion of Agricultural Lands. DAR: Reiterates DA,

Agricultural lands reclassified into non- their position. DHSUD,
agricultural uses by the LGUs may be Supports the DAR, DBP,
applied for conversion with the DHSUD. bill as a whole. Landbank :
The DHSUD shall review and decide on the Take into to consult
application for land conversion based on consideration their
the ratified CLUPs which have undergone the provisions principals
prior review by the RLUC and approval by of agrarian and come
their respective Sanggunian. reform. Looking up with
out for illegal suggestions
conversion of to improve
land all over the the
country is part provision.
of the mandate PLLO will
of DAR. Key follow up
considerations on this
in land use next week,
conversion Sept. 27
should not onwards.
disregard social
justice, food
security. DAR
has acquired
the technical
skills in the
quasi-judicial
functions
relating to land
conversion.
DAR asserts its
call to retain
the function of
land conversion
 in the NLUA.

NEDA assures
that they will
retain the
requisites in the
land conversion
and
reclassification.

LBP: DAR
already
garnered
decades of
technical
expertise and
institutional
knowledge on
land conversion,
to shift this
power to DHSUD
would only
lengthen the
process to
account for
DHSUD’s lack of
experience. LBP
is concerned
with getting the
lands to the
beneficiaries as
expeditiously as
possible

The powers and functions of the DAR to DA wants to be  Duly noted

review and approve applications for the part of the
conversion of agricultural lands to non- process in land
agricultural uses, as provided under Sec. conversion and
65 of RA 6657 or the Comprehensive certification
Agrarian Reform Law, as amended, regardless of
Executive Order 129-A, series of 1987 or who issues the
the DAR Reorganization Act, and Paragraph certification.
(13), Sec. (3), Title XI of the Revised
Administrative Code of 1987 are hereby Landbank: The
abolished. law should
 harmonize and
fast track the
process of land
reclassification
and conversion.

DAR:
strengthen the
vetting process
in land
reclassification
and make DA a
part of the
committee that
reviews
application.
*DA AO 30 S.
2020

PLLO will call for meeting next week regarding the contentious provisions.

NEW EMANCIPATION ACT

EMANCIPATION OF AGRARIAN DAR: Rep. It's settled

REFORM BENEFICIARIES FROM Salceda and that the law
THEDEBT BURDEN THROUGH THE other reps are will award full
FREE AWARD OF AGRICULTURAL studying the condonation.
LANDS UNDER THE COMPREHENSIVE deletion of tax
AGRARIAN REFORM PROGRAM TO provisions.
APPROPRIATE FUNDS THEREFOR
AND FOR OTHER PURPOSES LBP: Full
condonation
which will be
proposed to be
amortized within
5 years

NCIP asks to be
included in the
crafting of IRR
 and further
discussions.

Section 2 [non-negotiable]

SECTION 2. Condonation of NEDA ANRES: With DAR: Non-

the Agrarian Reform Debt. limited fiscal space, negotiable
The existing loan of Agrarian how will the remaining provision. This
Reform Beneficiaries due to lands be condoned? will be considered
unpaid amortization or in the succeeding
interest shall be condoned. budget
All unpaid amortizations and deliberations and
interests, including penalties proposed
or surcharges, if any, due augmentations to
from loans secured under the Agrarian
the Comprehensive Agrarian Reform Fund
Reform Program (CARP) or
from other agrarian reform
programs are hereby
condoned by the
Government, relieving all
ARBs from the payment
thereof thereby amending
Section 26 of Republic Act
No. 6657, as amended,
Section 6 of Executive Order
No. 228 of 1987, as well as
the pertinent provisions of
other agrarian reform laws.

Section 3 [negotiable]

SECTION 3. Termination of LBP proposes to pay Body agreed

Payment of Compensation by beneficiaries in the to delete.
Agrarian Reform Beneficiaries form of bonds within
(ARBS) Under Voluntary Land 10 years. -DAR: This
Transfer. - can be addressed in
The financial obligation of the another legislation or
ARBs to pay the value of the IRR.
awarded land to the landowners
acquired under the voluntary land DOF supports the
transfer scheme is hereby grant for flexibility.
extinguished thereby amending Address equity issues.
Section 20 of Republic Act No. BTR include in the
6657, as amended. Payment of the IRR drafting. Proposes
remaining balance of the on splitting the bill by
compensation due the concerned prioritizing the
landowners under the voluntary condonation first then
land transfer scheme, if any, shall another measure.
be paid by the Government from
the Agrarian Reform Fund through DAR clarified that the
the Land Bank of the Philippines provision is
(LBP). negotiable. DOF
supported the
deletion.

Section 5

SECTION 5. Broadened Scope of DAR: we need this DAR will

Support Services to Agrarian Reform to strengthen refine the
Beneficiaries Under the Comprehensive their support to last
Agrarian Reform Program. In addition the ARBs. paragraph of
to the support services available to the the section.
ARBs under Section 37 of R.A. No. BSP: (include
6657, as amended, the DAR, together Section 8)
with the Presidential Agrarian Reform suggests including
Council (PARC), shall ensure that financial literacy
support services and assistance as support
indispensable to agricultural program for ARBs.
productivity and resiliency, enterprise
development, and financial literacy of NEDA ANRES:
the ARBs, as well as the need for asks for ways to
sustenance, dwelling, clothing, medical streamline
assistance, education, transportation, supports services
among others, beneficiaries and their with those from
families. Any form of support services DA and LGUs.
rendered by any banking or financial -DAR can include
institution for the benefit of the it in the bill and
beneficiaries and their families shall be IRR.
deemed a form of support under the
Agrarian Reform Program thereby DOF asks who will
amending Section 37 of Republic Act the lead agency in
No. 6657, as amended. providing support
services. DAR will
This Section is without prejudice to the supervise together
support services available to ARBs from with CARP
other National Government Agencies. implementing
agencies for the
support services.

DOF suggests to
move the
provision to the
IRR. DAR says
that they may
include a brief
statement for the
bill.

Section 7

SECTION 7. Issuance of Agrarian Reform NCIP: Add the  

Title. The proper Registry of phrase " subject to
Deeds shall issue the Emancipation the issuance of
Patent, the Certificate of Land Ownership Certificate of Non-
Award, or any other title based on the Overlap (CNO)"
applicable agrarian reform law within sixty
(60) days from the registration of the title DAR: subject to
in the name of the Republic of the consultation to
Philippines. DAR secretary.

NEDA ANRES asks

for inclusion of
the fast tracking
the distribution of
the collective
CLOAs. DAR says
that there are
already working on
the program.

Section 8

SECTION 8. Condition for Availing of DOF asks DAR  DAR has an

the Benefits under this Act. how they measure existing
It is indispensable that an ARB shall ARBs mechanism.
continuously exhibit the willingness, "continuously DAR says
aptitude, and ability to cultivate and exhibit the there is
make the awarded land as productive willingness, already a
as possible as provided under Section aptitude, and mechanism
22 of R.A. No. 6657, as amended, in ability to cultivate set up for
order for said beneficiary to avail of all and make the this.
the benefits under this Act. awarded land as
productive

Section 12

SECTION 12. Implementing Rules and To include Agreed

Regulations (IRR). The DAR, with the technical all present:
assistance of the Land Bank of the Philippines NCIP, BTR,
(LBP), shall, within sixty (60) days from the NEDA, DA,
effectivity of this Act, formulate the necessary DTI, DILG
Implementing Rules and Regulations (IRR).

Section 14

SECTION 14. Funding. The amount remove "through Agreed

necessary for the implementation of this the LBP"
Act shall be charged against the Agrarian
Reform Fund. The funding requirements
for the implementation of this Act shall be
included in the annual budget of the DAR
through the LBP.

Section 17

SECTION 17. Effectivity. This Act shall Use, "upon Agreed

take effect fifteen (15) days after its publication to the
publication in two (2) newspapers of Official Gazette"
national circulation. instead

*ON REAL ESTATE TAX PROVISIONS by Rep. DAR did not include
Salceda's version it and sees that it's
unnecessary.

DOF will coordinate

with Rep. Salceda re
provision.

DAR will come up with an updated draft for further review of the concerned
agencies.